Acórdão nº 0060022 de Court of Appeal of Lisbon (Portugal), 22 de Outubro de 1992
| Magistrado Responsável | NORONHA NASCIMENTO |
| Data da Resolução | 22 de Outubro de 1992 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR COM - MAR PATENT / REGISTOS.
Legislação Nacional: DL 42/89 DE 1989/02/03 ART2 ART6. CSC86 ART10 N5. CPI40 ART74 ART85 ART95 PARUNICO ART146 ART187 ART212.
Referências Internacionais: CONV DA UNIÃO DE PARIS ART8.
Sumário: Num sistema como o nosso, de registo constitutivo, a garantia legal que a firma, o nome de estabelecimento e a marca conferem só deflagra após esse registo. A constituição de direitos aparece somente após o registo constitutivo. O certificado de admissibilidade confere uma mera presunção quanto à exclusividade da firma; mas porque se trata de uma presunção juristantum, essa presunção cede perante um facto que confere direitos a terceiro incompatíveis com ela. A marca de facto só é protegida no caso específico do artigo 85 do Código da Propriedade Industrial, sendo também protegida a marca notória no caso peculiar do artigo 95 parúnico; ou à luz das...
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